Tesla has reinstated a contractual clause that enables them to potentially pursue legal action against Cybertruck buyers attempting to resell their vehicles within the first year of ownership.
The revived clause, spotted in the order agreements for the limited-edition "Foundation Series" Cybertruck, stipulates that buyers must first offer the vehicle back to Tesla at a reduced price before considering any resale within the initial year of delivery. If Tesla declines to repurchase the Cybertruck, the owner can only proceed with the sale upon receiving explicit written consent from Tesla.
In the event of a breach or suspected breach of this provision, Tesla reserves the right to seek injunctive relief to prevent the title transfer or demand liquidated damages from the buyer, set at $50,000 or the value obtained from the sale or transfer, whichever amount is higher. Furthermore, Tesla could refuse to sell any future vehicles to the buyer.
The reappearance of this clause, absent in the public version of the order agreement, has caused concern among buyers who received invitations to purchase the Foundation Series edition. There's uncertainty regarding whether this clause applies solely to this specific edition or extends to all Cybertrucks, especially until they are more widely available beyond limited quantities.
Although the public version of Tesla's Cybertruck preorder agreement contains an anti-resale clause against purchases made for resale or in bad faith, it lacks the explicit lawsuit threat present in the recent order agreements sent to buyers.
------This article is partly excerpted from Ars Technica.
The reintroduction of this clause has sparked dissatisfaction among buyers, particularly those who paid an order fee and received the revised agreement with the lawsuit warning without prior notice or emphasis during the ordering process.
The Foundation Series, priced at $120,000 and reportedly limited to 1,000 units, is the initial release. Tesla's website outlines future releases of Cybertruck versions in 2024 and 2025 at varying price points, suggesting a staggered availability of different models.